All applicants for permanent residence in Canada, and in some cases applicants for visitor visas, study permits and work permits too, are required to undergo medical examination by authorized physicians (known as “panel physicians”). It is typically the results of such mandatory medical examinations which trigger a determination that an applicant might be medically inadmissible to Canada.
The Immigration and Refugee Protection Act sets out that a foreign national, which is anyone who is not a Canadian citizen or permanent resident, can be found medically inadmissible by reason of a physical or mental condition which can reasonably be expected to:
Very few medical conditions fall under this category. It is restricted to highly contagious diseases. For example, foreign nationals carrying active tuberculosis or active syphilis will be determined to be inadmissible.
Equally few medical conditions are likely to endanger Canadian public safety. Mental health conditions which might be the cause of violent, antisocial behaviour could be expected to be grounds for medical inadmissibility.
Determinations of inadmissibility for excessive demand can result from 1 of 2 separate assessments: 1) the foreign national’s need for medical services will negatively affect current wait times in Canada for said services; or 2) the services required to treat and manage the foreign national’s health condition will cost more than 3 times the Canadian per capita cost for health and social services over a 5-year period (or 10, if significant costs are likely to be incurred).
For the calendar year 2019 the inadmissibility threshold was set at CAD $102,585 over 5 years (or $20,517 per year). These costs are updated every year based on average per capita health care costs in Canada.
If you have received a procedural fairness letter from IRCC advising you that you might be inadmissible on grounds that you have, or a family member has, a medical condition which might cause excessive demand on Canada’s public health services, there are two possible ways in which The Principles Immigration Services could help you challenge the officer’s concerns:
Need a free evaluation based on your profile? Get a free initial consultation today.